Same-sex marriage has been the law of the land since 2015, when the U.S. Supreme Court delivered a landmark ruling in Obergefell v. Hodges, opening the door for all manner of family law rights and recognitions. Regardless, members of the LGBTQ+ community still find themselves facing discrimination and legal issues, including in matters of conservatorship or child custody.
In many ways, an LGBTQ+ divorce is the same as any other divorce. There are no special divorce laws or rules in Texas for LGBTQ+ couples. However, there are unique considerations that many LGBTQ+ couples face, particularly when they share custody of minor children. Our Austin divorce lawyers are adept at navigating these and other issues on behalf of LGBTQ+ clients.
If you are facing a legal challenge arising from divorce matters, it is important to connect with a trusted Austin LGBTQ+ divorce lawyer. With experienced professional advocacy to represent your interests, you can secure your future and life after divorce. The Law Office of Jason Wright will ensure your rights are protected as you navigate the divorce process. Contact our law offices today to schedule a consultation with a member of our legal team.
Austin LGBTQ+ couples are entitled to the same rights as heterosexual couples in divorce proceedings. Texas is a “no-fault” state when it comes to divorce. This means that you do not have to prove that your soon-to-be ex did something wrong in order to get a divorce.
Just like any other divorce in Texas, an LGBTQ+ couple can simply file for divorce based on irreconcilable differences between the spouses. Proving fault is only necessary when getting a divorce in Austin if one party is claiming the other is at fault for the dissolution of the marriage. Providing evidence to prove fault is only necessary when filing for divorce on one of the following legal grounds:
Divorces based on the above grounds are known as fault-based divorces. Fault-based divorces typically take longer to resolve than no-fault divorces, as they often require the submission of evidence to a court. Fault divorces also tend to be highly contentious, as few people will agree to or admit that they were in the wrong.
For this reason, most LGBTQ+ individuals choose to pursue a divorce on no-fault grounds. If they are able to agree about all of the issues in the divorce (such as property division, spousal support, and child custody), then they can seek an uncontested or agreed divorce. Otherwise, one spouse will file for divorce and serve the divorce petition on their ex.
With an agreed divorce, the couple will jointly file the divorce petition. They will also submit an agreement, which may take some time to negotiate. The court will review the agreement and then issue a divorce decree. This is often the quickest and least expensive route to getting a divorce.
Of course, couples often decide to break up for a reason, so it may not be possible to get an agreed divorce. A contested divorce will often take more time and money as the parties litigate the various issues in their case. That being said, it is still possible to negotiate a settlement and avoid a trial with the help of a seasoned Austin divorce lawyer.
Austin LGBTQ+ couples seeking to file for divorce must meet Texas residency requirements. The spouse filing for divorce must live in the state for six months and reside in the county they are filing in for 90 days before filing for divorce. There are a few exceptions. For example, individuals who are away due to military service can meet residency requirements to file for divorce in Texas based on other conditions.
Many LGBTQ+ couples did not get married in Texas because same-sex marriage was not legalized in the state until the Supreme Court’s 2015 decision in Obergefell v. Hodges. If you got married in another state or country, you can still get divorced in Texas as long as you meet the residency requirements. Under the federal Respect for Marriage Act, all states are required to recognize same-sex marriages from other states. This means that even if you were married in a state that legalized same-sex marriage long before Texas did (like Hawaii or Vermont), Texas will both recognize the marriage and allow you to get divorced here.
Divorce proceedings are complex and involve numerous considerations. An experienced Austin LGBTQ+ divorce lawyer can guide you toward a resolution during what is likely to be a stressful and emotionally charged time in your life. The Law Office of Jason Wright is dedicated to helping LGBTQ+ couples in Austin handle all aspects of their divorce, such as property division, spousal support, child support, and conservatorship issues.
While many LGBTQ+ people have faced some form of discrimination in their lifetimes, bias against transgender people appears to be increasing, particularly in Texas. This can often lead to issues in a divorce case.
Many judges simply are not familiar enough with issues related to transgender people to make clear, consistent rulings. This can lead to a great deal of uncertainty when it comes to getting a divorce as a trans person in Texas.
Generally, Texas courts will legally recognize gender reassignment. However, if one spouse transitions during a marriage, their ex may use this fact to attempt to gain an advantage. This may even include arguing that their transition has or will negatively impact their children, and so custody and/or visitation should be limited. While a person’s gender identity alone should not be the basis for custody decisions, it can become an issue in a divorce involving a transgender parent.
Our Austin LGBTQ+ divorce attorneys treat each of our clients with compassion and respect. Our goal is to help our clients get the best possible outcome while advocating for their rights. If you are a trans person contemplating a divorce, we can help you develop a proactive strategy to deal with these and other issues that may arise in a divorce.
LGBTQ+ divorces in Austin are subject to the same property division laws as heterosexual divorces. When a couple files for divorce, if the parties cannot come to an agreement on how to divide their assets, the court will determine which of their assets and debts are shared and thus subject to division.
Property that is acquired during a marriage is known as community property. Property that each spouse owned or obtained before the marriage is considered separate property and will not be split between the couple. Additionally, any inheritances and gifts an individual receives during the marriage are also considered separate property and do not belong to the marital estate. However, any gifts or inheritances acquired during the marriage will almost always require substantial evidence to show that it was, in fact, a gift or inheritance to that individual.
If an Austin LGBTQ+ couple has signed a valid prenuptial agreement, the court will honor it during the divorce. Property division will occur according to the specifications in the agreement.
Property division in LGBTQ+ divorces can be tricky. For example, there may be disputes about what assets are community property and what should be considered separate property. A skilled Austin LGBTQ+ divorce attorney can work with you to ensure you receive your fair share of the community property.
A partner may be entitled to spousal support if the marriage lasted 10 years or more. Courts examine a wide range of factors when making decisions regarding spousal support in Austin LGBTQ+ divorces. These include each spouse’s education level, earning capabilities, employment experience, marital contributions as a homemaker, health, emotional well-being, and payment of child support.
Another important factor that is considered is the duration of the marriage. Spousal support decisions can quickly get complicated for same-sex partners who lived as a married couple before Texas legalized gay marriage.
An Austin LGBTQ+ divorce lawyer can advise you on spousal support matters in your divorce. At the Law Office of Jason Wright, we provide divorcing LGBTQ+ couples with tailored representation based on the facts of their case.
Divorcing LGBTQ+ couples in Austin requires an extra level of consideration when it comes to child custody matters and parental rights. Child custody cases in all divorces can present challenges as they involve considering the child’s best interests and their relationship with their parents. However, there is an additional level of complexity involved in LGBTQ+ divorces, depending on the legal relationship between the parent and child.
In many marriages involving heterosexual couples, the children at the center of a custody dispute are the biological children of both parents. In LGBTQ+ marriages, any minor children will often be the biological child of just one parent or an adopted child. This can present certain complications when it comes to child custody matters for LGBTQ+ people.
If a spouse is a biological or adoptive parent of a child, they will have the legal standing to file for custody. Texas law acknowledges these types of cases and is open to approving the arrangements parents come up with for child custody and child support. However, if a child is the biological child of one parent and was not legally adopted by the other parent, it may make it more difficult for this parent to seek any sort of child custody or visitation.
LGBTQ+ couples may also be rightfully concerned about discrimination when it comes to a judge’s decisions about child custody. In many cases, the best way to avoid these issues is to try to work out an agreement instead of going to trial. Our legal team is experienced at negotiating divorce and child custody settlements for our clients, including for LGBTQ+ couples who prefer not to take a chance that the court will have any sort of bias towards them in a divorce case.
Because child custody cases can become complicated for LGBTQ+ couples due to the considerations involved, it is important to retain an experienced Austin LGBTQ+ divorce lawyer. The Law Office of Jason Wright can help you understand how the law applies to your case as well as how courts arrive at their decisions regarding custody matters.
LGBTQ+ couples often want to raise children together, and that usually means conceiving non-traditionally or adopting. For many gay or lesbian couples who either seek a sperm donor or a surrogate/egg donor, only one of the two parents ends up being biologically related to the child.
This is not an issue in the least when it comes to loving and providing for a child. But it can cause major problems if the parents ever get divorced or otherwise break up. The non-biological parent can face challenges at times to their rights to the children. This is in part because Texas parentage laws have not been adequately updated to cover different types of cases.
If you are worried about protecting your parental rights, please contact an Austin LGBTQ+ divorce lawyer. The Law Office of Jason Wright can help you formalize your parent-child relationship through adoption or other official means to avoid a heartbreaking scenario like the one described above.
Divorce is a stressful time in a person’s life. This emotional process can get even more stressful for LGBTQ+ couples. A skilled lawyer can handle the technical aspects of your case while ensuring your rights are protected during divorce proceedings.
Even though same-sex marriage is legal in Texas, LGBTQ+ individuals and couples still face many uphill battles. The Austin LGBTQ+ divorce lawyers at the Law Office of Jason Wright are ready and eager to help. We have experience representing LGBTQ+ couples across many different areas of family law, from property division to conservatorship matters.
Choosing the right divorce attorney to handle your case is a crucial part of securing your future. Call the Law Office of Jason Wright today at 512-706-9662 or fill out our online contact form to arrange an initial consultation. We look forward to meeting with you and answering your questions.
